Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Infercall Pty Ltd, ABN 19 339 542 789 ("Infercall," "we," "us," or "our"), governing your access to and use of the Infercall platform, including our AI-powered voice agent services, website, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. AI Service Disclosure

Infercall provides AI-powered voice agents that handle telephone calls on your behalf. In accordance with applicable regulations including the EU AI Act, we make the following disclosures:

2.1 Nature of AI Service

• Our Service uses artificial intelligence and machine learning to process and respond to voice calls
• AI agents are powered by large language models (LLMs) that generate responses in real-time
• Calls handled by Infercall are processed by AI, not human operators, unless explicitly configured otherwise
• AI responses are generated based on your configuration, uploaded business info, and the conversation context

2.2 Caller Disclosure Requirement

You acknowledge and agree that:

• Callers should be informed they are speaking with an AI agent where required by applicable law
• You are responsible for configuring appropriate AI disclosure greetings in jurisdictions that require them
• We provide tools to enable automatic AI disclosure at the start of calls
• Failure to disclose AI usage where legally required is your responsibility

2.3 AI Limitations

AI systems have inherent limitations. The Service may occasionally produce inaccurate, incomplete, or inappropriate responses. You should not rely on the AI for critical decisions without human oversight. We continuously work to improve accuracy but cannot guarantee error-free operation.

3. Description of Service

Infercall provides AI-powered voice agent services that enable businesses to automate phone call handling, including but not limited to:

• Answering inbound telephone calls
• Providing information to callers based on your business info
• Scheduling appointments and managing calendars
• Capturing caller information and messages
• Transferring calls to human operators when configured
• Call recording, call summaries, and analytics

The Service integrates with third-party telecommunications providers, cloud services, and AI platforms to deliver functionality. See Section 14 for details on third-party services.

4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

4.3 Organization Accounts

If you create an organization account, you may invite team members. You are responsible for the actions of all users within your organization and for ensuring they comply with these Terms.

5. Subscription Plans and Payment

5.1 Subscription Plans

The Service is offered through various subscription plans with different features, usage limits, and pricing. Current plans and pricing are available at infercall.com/pricing. We reserve the right to modify plans and pricing with 30 days' notice.

5.2 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are quoted and charged in US Dollars (USD) unless otherwise specified
• Payment is processed through Stripe. By subscribing, you agree to Stripe's terms
• You authorize us to charge your payment method for all applicable fees
• Failed payments may result in service suspension

5.3 Usage-Based Charges

Some features incur usage-based charges:

• Overage minutes: Usage exceeding your plan's included minutes is billed at your plan's overage rate
• Phone numbers: Additional phone numbers beyond your plan's allocation incur monthly fees
• Premium features: Certain integrations or features may have additional costs

5.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including GST (Australia), VAT (UK/EU), sales tax (US), and other local taxes. We will add applicable taxes to your invoice where required by law.

5.5 Refunds

Subscription fees are generally non-refundable. However, if you are unsatisfied with the Service within the first 14 days of your initial subscription, you may request a full refund by contacting support@infercall.com. Refunds for annual subscriptions after the 14-day period will be considered on a case-by-case basis.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for fraudulent, deceptive, or illegal activities
• Transmit spam, unsolicited communications, or make robocalls
• Impersonate individuals or entities, or misrepresent your affiliation
• Use the Service to harass, threaten, or harm others
• Attempt to circumvent usage limits or security measures
• Reverse engineer, decompile, or disassemble the Service
• Use the Service in a manner that could damage, disable, or impair our systems
• Resell or redistribute the Service without authorization
• Use the AI to generate harmful, discriminatory, or illegal content

Violation of these restrictions may result in immediate suspension or termination of your account.

7. Service Level Agreement

7.1 Uptime Commitment

We target 99.9% uptime for the Service, measured monthly. Uptime excludes scheduled maintenance (with 24 hours notice) and circumstances beyond our reasonable control.

7.2 Support

• Starter: Email support, 48-hour response time
• Standard: Priority email support, 24-hour response time
• Business: Email and phone support, 4-hour response time for critical issues
• Enterprise: Dedicated support with custom SLA

7.3 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits. Credits are applied to future invoices and do not exceed one month's subscription fee. To claim credits, contact support within 30 days of the incident.

8. Data Processing and Privacy

8.1 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Processing Agreement

For business customers processing personal data of EU/UK residents, our Data Processing Agreement governs our role as a data processor. The DPA is automatically incorporated when you use the Service to process such data.

8.3 Your Data Responsibilities

You are responsible for:

• Ensuring you have lawful basis to process caller data through our Service
• Providing appropriate privacy notices to callers
• Obtaining consent for call recording where required
• Complying with data protection laws applicable to your use of the Service

8.4 Data Retention

Call recordings and call summaries are retained for 90 days by default. You can configure different retention periods or request deletion at any time. Account data is retained until you delete your account.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its software, design, content, features, and functionality, is owned by Infercall and is protected by international intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

9.2 Your Content

You retain ownership of content you upload to the Service, including your business info, configuration, and business information. You grant us a license to use this content solely to provide the Service to you.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that the Service will perform substantially as described in our documentation. If the Service does not conform to this warranty, your sole remedy is termination and a pro-rata refund of prepaid fees.

11.2 Disclaimer

12. Limitation of Liability

Our total liability for all claims arising from or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Infercall and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your content or data processed through the Service; or (e) your failure to comply with applicable laws regarding AI disclosure, call recording, or data protection.

14. Third-Party Services

The Service integrates with and relies upon third-party services. A list of our subprocessors is available at infercall.com/subprocessors. Key third-party services include:

• Twilio: Telephony and phone number provisioning
• Google Cloud Platform: AI/ML processing and infrastructure
• Stripe: Payment processing
• Firebase: Authentication and data storage

Your use of the Service is subject to the terms and policies of these third-party providers. We are not responsible for the practices or availability of third-party services.

15. Termination

15.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You remain responsible for all charges incurred before termination.

15.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice, if you: (a) breach these Terms; (b) fail to pay fees when due; (c) engage in fraudulent or illegal activity; or (d) pose a security risk to the Service.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow data export, after which it will be deleted. Sections that by their nature should survive termination will survive, including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification.

16. Governing Law and Jurisdiction

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. For customers in the European Economic Area, mandatory consumer protection laws of your country of residence may apply.

16.2 Dispute Resolution

Before initiating any legal action, you agree to contact us at legal@infercall.com and attempt to resolve the dispute informally for at least 30 days.

16.3 Jurisdiction

Subject to applicable consumer protection laws, any disputes arising from these Terms shall be resolved exclusively in the courts of Queensland, Australia. You consent to the personal jurisdiction of such courts.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, DPA, and Acceptable Use Policy, constitute the entire agreement between you and Infercall regarding the Service.

17.2 Amendments

We may modify these Terms at any time by posting the revised version on our website. Material changes will be communicated with at least 30 days' notice. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

17.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18. Contact Information

For questions about these Terms, please contact us: