User Agreement

These User Agreement ("Agreement") govern the access and use of services provided by Jubilee Voice Pty Ltd (ACN 683 925 019) ("we", "our" or "us"). Our services enable automated call answering, data entry, scheduling, and system integrations using AI-powered voice technology.

Please ensure you carefully read and understand these terms before using our Services. By proceeding, you agree to be bound by them. If you do not accept these terms, you must not use the Services or create an account as the terms set out in this document are legally binding. These terms take effect on the date you accept them.

1.ACCEPTANCE OF AGREEMENT

1.1 By using our Services, you:

(a)  accept and agree to be bound by these Agreement and our Privacy Policy, as amended from time to time; and

(b)  consent to your data being processed via integrated APIs including voice transcription, language models, call routing, and scheduling workflows, and CRM or database retrieval and updates. You acknowledge this may involve automated decision-making within the scope of delivering the Services.

1.2 If you are entering into these Agreement on behalf of a business, you represent that you are authorised to bind that business.

1.3 Our Services integrate with third-party platforms such as Twilio, OpenAI, Retell AI, and Make.com, Anthropic and Amazon Web Services (AWS). By using our Services, you also agree to their Agreement of use and privacy policies.

2.SERVICE OVERVIEW

2.1      Our AI system can:

(a)  Answer inbound phone calls for your business using customised prompts;

(b)  Capture client enquiries and populate data into your integrated CRM (including platforms such as Google Sheets, Outlook, Cliniko, and other relevant CRM platforms);

(c)   Schedule appointments based on the live availability of multiple calendars; and

(d)  Send confirmations, reminders, or follow-up tasks where configured.

2.2      Services may be used for legal, medical, professional, and other regulated industries, subject to lawful implementation and user diligence.

3.ACCOUNTS AND ACCESS

3.1      You are responsible for ensuring only authorised personnel access your client portal or integrations.

3.2      You must maintain confidentiality of your login credentials and immediately notify us of unauthorised use.

4.FREE TRIAL

4.1      A 30-day free trial is offered to new customers. We reserve the right to:

(a)  Limit access to certain features during the trial period;

(b)  Revoke trial access in cases of misuse; and

(c)   Convert your account to a paid subscription upon expiry of the trial, subject to with your express consent.

5.SUBSCRIPTION AND BILLING

5.1      Paid subscriptions are billed monthly in advance.

5.2      All fees are exclusive of Goods and Services Tax (GST), which will be added where applicable.

5.3      You agree to maintain valid payment information.

5.4      Fees are non-refundable except where required by law or in cases of service failure.

5.5      We may increase pricing with at least 30 days’ prior notice.

5.6      At the end of each calendar month, we will issue an automated email invoice to your nominated contact.

5.7      Payments are due via credit cards and must be settled within 7 days unless otherwise agreed in writing.

5.8      If you dispute any invoice, you must notify us in writing within 7 days of receiving the invoice. Failure to do so will be deemed acceptance of the invoice.

6.PERMITTED USE

6.1      You may only use the Services:

(a)  For lawful business purposes;

(b)  In accordance with these Agreement and any user documentation; and

(c)   With due care for confidentiality, particularly in regulated industries.

6.2      You must not:

(a)  Use the Services to make fraudulent, threatening or harassing calls;

(b)  Attempt to extract source code or interfere with system integrity;

(c)   Circumvent usage limits or automate unauthorised access; and

(d)  Transmit any harmful or illegal content.

7.USER CONTENT AND DATA

7.1      You retain ownership of your business data and customer records.

7.2      We will process your data only to provide, secure, support, and improve our services.

7.3      You grant us a limited licence to host, use, copy, transmit, and display data solely for those purposes.

7.4      If you connect your calendar or CRM (e.g., Google Calendar, Outlook, Google Sheets, Outlook, Cliniko, and other relevant CRM platforms), we may log calendar IDs, select time slots, book confirmations, event metadata, and data entered during interactions to facilitate scheduling and CRM automation.

8.INTELLECTUAL PROPERTY

8.1      All software, documentation, trademarks, and models used in or by our Services remain our exclusive property.

8.2      You are granted a non-exclusive, non-transferable licence to use the Services as configured for your business.

9.THIRD-PARTY SERVICES

9.1      The Services may integrate with third-party platforms (e.g. calendars, CRMs).

9.2      You are responsible for maintaining lawful access to such platforms.

9.3      We are not responsible for outages or data loss arising from third-party tools.

10.SERVICE INTERRUPTIONS AND SUPPORT

10.1    We aim to maintain 99.9% uptime but do not guarantee uninterrupted service.

10.2    Planned outages will be communicated in advance where possible.

10.3    Support is available during business hours via contactus@jubileevoice.ai or the contact page on our website.

11.TERMINATION

11.1    Either party may terminate with 14 days’ written notice.

11.2    We may suspend or terminate access immediately if:

(a)  You breach these Agreement;

(b)  You fail to pay fees after reasonable notice; and

(c)   Required by law or regulator.

11.3    Upon termination:

(a)  Your access will be revoked;

(b)  We will retain client data for 14 days before deletion; and

(c)   You may request a copy of data within this period.

11.4    To the extent permitted by law, our liability is limited to re-supplying the services or refunding fees paid for the relevant period, capped at 14 days.

12.WARRANTIES AND LIMITATION OF LIABILITY

12.1    To the extent permitted by law, we disclaim all warranties not expressly stated.

12.2    We do not guarantee that AI responses are legally or factually correct.

12.3    Our liability is capped at the lesser of:

(a)  The amount paid by you in the 7 days prior to the incident; and

(b)  Re-supply of the affected service.

13. INDEMNITY

Customer Indemnity

13.1    You agree to indemnify, defend, and hold harmless Jubilee Voice Pty Ltd (including our directors, officers, employees, and agents) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a)  Your or your end users’ misuse of the Services, including use in breach of this Agreement, applicable laws, or regulatory requirements;

(b)  Any unauthorised collection, use, disclosure, or processing of personal information (including sensitive information) in breach of the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), or applicable State or Territory health privacy laws;

(c)   Your failure to obtain the necessary consents or provide required notices in connection with your use of the Services;

(d)  Any breach of your obligations under this Agreement, including integration of the Services with other software, systems, or data flows not authorised by us; and

(e)  Your use of the Services in a manner that infringes any intellectual property rights, moral rights, or privacy rights of any third party.

Consent and Data Handling

13.2    You warrant that you have obtained, and will continue to maintain, all necessary consents and permissions required under applicable law to collect, disclose, and process personal information (including sensitive information) via the Services, including where such data is processed by our cloud partners or service providers located outside Australia. You acknowledge and agree that failure to meet these obligations may expose you to liability and does not limit your indemnity obligations under this clause.

13.3    Indemnification Process

We will notify you promptly in writing of any claim subject to this indemnity. You will have sole control over the defence and settlement of the claim, provided that

(a)  you must not settle any claim in a manner that imposes any obligation on us or admits fault on our behalf without our prior written consent (not to be unreasonably withheld); and

(b)  we may, at our own expense, participate in the defence with counsel of our choosing.

14. LIMITATION OF LIABILITY

No Liability for Indirect Loss

14.1    To the maximum extent permitted by law, neither party will be liable to the other for any loss of profit, revenue, goodwill, data, or for any indirect, incidental, special, punitive, or consequential loss or damage, whether arising in contract, tort (including negligence), equity, under statute, or otherwise — even if the party has been advised of the possibility of such loss.

Limitation of Liability Cap

14.2    Subject to clause 14.3, each party’s total aggregate liability to the other for all claims arising out of or in connection with this Agreement (whether in contract, tort (including negligence), statute, or otherwise) is limited to the total amount paid (or payable) by you for the Services in the 12-month period immediately preceding the event giving rise to the liability.

Exclusions from Limitation

14.3    The limitations in this clause do not apply to:

(a)  Either party’s indemnity obligations under clause 13;

(b)  Your breach of data protection obligations or failure to obtain valid consent for processing personal or sensitive information;

(c)   Your unpaid fees or amounts due under this Agreement;

(d)  Liability that cannot be excluded or limited under applicable law (e.g. under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Statutory Consumer Guarantees

14.4    Nothing in this Agreement limits any rights you may have under the Australian Consumer Law or any other legislation that cannot lawfully be excluded. To the extent permitted by law, our liability for a breach of a non-excludable guarantee is limited, at our option, to the resupply of the relevant Services or the payment of the cost of resupplying the Services.

Force Majeure

14.5    Neither party will be liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent that such delay or failure is caused by a Force Majeure Event (Force Majeure).

14.6    A Force Majeure Event includes, but is not limited to:

(a)  acts of God, natural disasters, earthquakes, floods, or extreme weather;

(b)  fire, epidemic, pandemic, or other public health emergency;

(c)   war, terrorism, riot, insurrection, or civil unrest;

(d)  strikes, lockouts, or other industrial disturbances;

(e)  failure or interruption of telecommunications, internet, hosting, or utility services (including power outages, cable cuts, network disruptions, and cyberattacks); and

(f)    acts or omissions of government authorities, or compliance with any law, regulation, or order.

14.7    The affected party must:

(a)  promptly notify the other party of the Force Majeure Event;

(b)  take reasonable steps to mitigate the impact of the event; and

(c)   resume performance as soon as reasonably practicable.

14.8    The time for performance will be extended for the duration of the Force Majeure Event. If the event continues for more than 14 days, either party may terminate the Agreement by written notice

15.CHANGES TO AGREEMENT

15.1    We may revise these Agreement at any time by notice via email or in-app.

15.2    Continued use after changes constitutes acceptance.

16.DISPUTE RESOLUTION

16.1    If a dispute arises in connection with this Agreement (other than one relating to a party’s intellectual property rights), the parties agree to first attempt to resolve the matter through good faith discussions between senior representatives.

16.2    If the dispute is not resolved within 30 days (or another timeframe agreed in writing), either party may refer the dispute to mediation in accordance with the Resolution Institute’s Mediation Rules. The mediation will be conducted in English and held in Australia, unless otherwise agreed.

16.3    If the dispute is not resolved by mediation within a further 30 days, either party may commence legal proceedings in a court of competent jurisdiction.

16.4    Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court to preserve its rights or prevent immediate harm.

17.SEVERABILITY

17.1    If any provision of this Agreement is held to be invalid, unenforceable, or illegal by a court or tribunal of competent jurisdiction, that provision will be severed, and the remaining provisions will remain in full force and effect.

18.GOVERNING LAW AND JURISDICTION

18.1    These Agreement are governed by the laws of Western Australia and the Commonwealth of Australia.

18.2    You agree to the exclusive jurisdiction of the courts of Australia for disputes.

19.CONTACT

Jubilee Voice Pty Ltd (ACN 683 925 019)

of c/- Kensington Tax & Accounting Services

123B Colin Street, West Perth WA 6005

Email:    contactus@jubileevoice.ai

Phone:   0450 950 630