1. Definitions

In these Terms, the following words have the meanings given:

• Caller means a member of the public who calls an Operator's business phone number that is connected to the Optiphone Platform.
• Content means call recordings, transcripts, CRM contact records, and any other data generated through an Operator's use of the Platform.
• Credits means the prepaid call-time units used to pay for AI call minutes on the Platform.
• Operator means the business or individual who has created an account and subscribed to the Optiphone Platform.
• Platform means the Optiphone software-as-a-service platform, including the AI voice assistant, dashboard, CRM, telephony integration, analytics, and any related APIs or tools made available by Optiphone.
• Services means the services provided by Optiphone to Operators via the Platform, as described in these Terms.
• Subscription means an Operator's paid plan providing access to the Platform on a recurring monthly basis.

2. Acceptance of Terms

By creating an account, clicking "Accept", or accessing or using the Platform in any way, you confirm that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy
• You have the legal authority to bind yourself or your organisation to these Terms
• You meet the eligibility requirements set out in Section 3

If you do not agree to these Terms, you must not use the Platform.

3. Account Registration

To use the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Keep your account information up to date
• Maintain the security and confidentiality of your login credentials
• Notify us immediately at [email protected] if you become aware of any unauthorised access to your account
• Accept responsibility for all activity that occurs under your account, whether or not authorised by you

The Platform is intended for use by registered business entities and authorised representatives of business entities. It is not designed for personal or consumer use.

4. Services Description

Optiphone provides the following Services to Operators via the Platform:

• AI voice assistant management — configure and deploy AI assistants to handle inbound calls on your behalf
• Call logging — record, transcribe, and analyse inbound calls; post-call structured data extraction via AI
• Dashboard — view call history, recordings, transcripts, and performance analytics
• CRM — manage caller contacts and call-derived contact information
• Billing management — view usage, manage your Subscription, and top up Credits

We reserve the right to modify, add, or remove Platform features at any time. We will give reasonable advance notice of changes that materially reduce the functionality you rely on.

5. Subscription and Billing

Subscription plans

Access to the Platform is provided on a monthly Subscription basis. Subscription fees are billed in advance at the start of each billing cycle. All prices are in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added where applicable.

Credit-based call billing

AI call time is charged via Credits, where 1 Credit equals 1 minute of AI call usage. Credits are deducted from your balance for every answered call according to the following rules:

• 1-minute minimum per call. Every answered call deducts at least 1 Credit (1 minute), even if the call is shorter than 60 seconds.
• Round up to the next whole minute. Calls longer than 1 minute are rounded up to the next whole minute. For example, a call lasting 2 minutes 30 seconds deducts 3 Credits (3 minutes).

Credits may be purchased in advance or topped up automatically when your balance falls below a configured threshold (auto top-up). Credit balances do not expire while your account is active.

No refunds on consumed Credits

Credits that have been consumed (used for AI call time) are non-refundable. Unused Credits may be considered for a refund at our reasonable discretion on account closure — contact us to request this.

Price changes

We will give at least 30 days' written notice before increasing Subscription fees for existing Operators. Price increases take effect at your next billing cycle after the notice period expires. Continued use of the Platform after the effective date constitutes acceptance of the new pricing.

Failed payments

If a payment fails, we will notify you and attempt to collect the outstanding amount. If the failure is not resolved within 7 days of notification, we may suspend your access to the Platform. We will restore access promptly once payment is received in full.

Payment processing

Payments are processed by Stripe. By providing your payment details, you agree to Stripe's terms of service. Optiphone does not store your card numbers — all payment card data is handled directly by Stripe.

6. Operator Obligations

As an Operator, you agree to:

• Maintain your own privacy policy. Your privacy policy must disclose to your customers: (a) that calls may be handled by an AI voice assistant; (b) that calls are recorded and processed by AI systems, including third-party services located in the United States; and (c) how your customers can request access to or deletion of their call records. A template disclosure is available in Section 16 of our Privacy Policy.
• Preserve the call recording notice. You must not disable, remove, or materially alter the AI assistant greeting that informs callers that the call is being recorded and processed by AI. This notice is required by the Telecommunications (Interception and Access) Act 1979 (Cth) and applicable state listening device laws.
• Use Caller data only for legitimate purposes. You may only use call records, transcripts, and Caller contact information for purposes directly related to your business and to the service enquiry that generated the call. You must not use Caller data for unsolicited marketing or any purpose a caller would not reasonably expect.
• Comply with applicable law. You are responsible for ensuring your use of the Platform complies with all applicable Australian laws, including the Privacy Act 1988 (Cth), the Telecommunications (Interception and Access) Act 1979 (Cth), the Spam Act 2003 (Cth), and applicable state and territory listening device laws.
• Not instruct unlawful data collection. You must not configure or instruct the Platform to collect personal information in a manner that is unlawful or that would require Optiphone to breach its obligations under the Privacy Act 1988 (Cth).

7. Acceptable Use Policy

You must not use the Platform to:

• Violate any applicable law or regulation
• Record calls without the legally required prior notice to callers, or disable the Optiphone recording disclosure
• Mislead or deceive callers about the nature of the AI assistant, the identity of the business, or the purpose of the call
• Send or facilitate unsolicited commercial electronic messages (spam)
• Attempt to reverse engineer, decompile, or disassemble any part of the Platform
• Attempt to gain unauthorised access to any part of the Platform, its infrastructure, or another Operator's data
• Interfere with or disrupt the Platform's integrity, performance, or security
• Resell, sublicense, or otherwise provide Platform access to third parties without our prior written consent
• Use the Platform to collect information on behalf of a third party not authorised under these Terms

Optiphone may suspend or terminate your account immediately if we reasonably determine you are in breach of this section.

8. Data and Privacy

Our Privacy Policy is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy.

You acknowledge and agree that:

• You are the controller of your Callers' personal information. Optiphone processes that information on your behalf as a service provider (subprocessor).
• You are responsible for your own privacy obligations to your Callers under the Privacy Act 1988 (Cth) and any other applicable laws.
• You grant Optiphone the right to collect, store, process, and disclose Caller data (including to our subprocessors) to the extent necessary to provide the Services.
• Optiphone's subprocessors for the Platform include ElevenLabs (call recording and transcription) and Google (post-call transcript analysis via the Gemini API), both located in the United States. By using the Platform and configuring AI call handling, you authorise these overseas disclosures as described in our Privacy Policy.

Marketing website tracking: Our marketing website (optiphone.ai) uses the Meta Pixel for advertising conversion tracking. This applies to website visitors, not to Operator accounts or Caller data. The Meta Pixel only fires after a visitor gives cookie consent. Full details, including opt-out options, are in Section 12 of our Privacy Policy.

9. Intellectual Property

Optiphone's IP

The Platform — including all software, AI systems, algorithms, user interfaces, and documentation — is owned by or licensed to Optiphone. These Terms do not transfer any intellectual property rights to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during your Subscription term.

Your Content

You retain ownership of your Content (call recordings, transcripts, and CRM data generated through your use of the Platform). You grant Optiphone a limited, non-exclusive licence to host, store, process, and transmit your Content to the extent necessary to provide the Services and as described in our Privacy Policy.

10. Confidentiality

Each party agrees to keep the other's confidential information confidential and not to disclose it to any third party without prior written consent, except as required by law or as necessary to perform obligations under these Terms.

"Confidential information" means any non-public information that is designated as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of its disclosure.

This obligation does not apply to information that: (a) is or becomes publicly available other than through a breach of this clause; (b) the receiving party already knew at the time of disclosure; or (c) the receiving party independently developed without reference to the confidential information.

11. Disclaimers

The Platform is provided "as is" and "as available". To the maximum extent permitted by law, Optiphone does not warrant that:

• AI-generated transcripts, summaries, or extracted data will be accurate, complete, or error-free — you should verify AI output before acting on it
• The Platform will be available without interruption or free from errors
• The Platform is suitable for use in regulated industries (such as healthcare, financial services, or legal services) where specific compliance standards apply — you are responsible for your own industry compliance
• Call audio quality will meet any particular standard (call quality depends in part on factors outside our control, including the caller's network and device)

12. Limitation of Liability

To the maximum extent permitted by law:

• Optiphone's total aggregate liability to you for all claims arising under or in connection with these Terms is limited to the total amounts you paid to Optiphone in the 12 months immediately preceding the event giving rise to the claim.
• Optiphone is not liable for any indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with these Terms or the Platform, including but not limited to lost profits, loss of revenue, loss of data, loss of business opportunity, or damage to reputation — even if Optiphone has been advised of the possibility of such loss.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation (including the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. Where legislation implies a guarantee that cannot be excluded, Optiphone's liability for a breach of that guarantee is limited, to the extent permitted by law, to re-supplying the relevant Services or paying the cost of re-supplying those Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless Optiphone and its officers, directors, employees, and contractors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform
• Your breach of any provision of these Terms
• Your breach of any applicable law, including privacy and telecommunications laws
• Any claim by a Caller arising from your handling of their personal information or from your failure to maintain the required call recording notice

14. Term and Termination

Term

These Terms commence when you create an account and continue on a month-to-month basis until terminated by either party in accordance with this section.

Termination by you

You may cancel your Subscription at any time by contacting us at [email protected] or through your account settings. Cancellation takes effect at the end of your current billing period. You will not be charged for the following period.

Termination by Optiphone

Optiphone may terminate your Subscription at any time with 30 days' written notice. Optiphone may suspend or terminate your access immediately without notice if:

• You breach any material provision of these Terms
• You fail to pay any outstanding amounts after reasonable notice
• Optiphone is required to do so by law, a court order, or a regulatory authority

Effect of termination

On termination, your right to access the Platform ceases immediately. The following sections survive termination: 9 (Intellectual Property), 10 (Confidentiality), 12 (Limitation of Liability), 13 (Indemnification), 15 (Data on Termination), and 16 (Governing Law).

15. Data on Termination

Following account closure, you have 30 days to export your Content (call logs, transcripts, and CRM data) from the Platform. After this window, data is deleted automatically according to the following schedule, which is technically enforced by automated backend processes:

• Call audio recordings — permanently deleted from file storage after 12 months
• Call transcripts and call logs — hard-deleted from the database after 24 months
• Call diagnostic and activity logs — purged after 90 days
• Session records — deleted on logout or session expiry
• CRM contact records — deleted on account closure

Billing records are retained for 7 years as required by Australian tax law, regardless of account status.

If you need assistance exporting your data before account closure, please contact [email protected].

16. Governing Law

These Terms are governed by the laws of Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland for the resolution of any dispute arising out of or in connection with these Terms.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email to the address on your account at least 30 days before the changes take effect. The "Last updated" date at the top of this page will reflect the most recent version. Continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree to updated Terms, you should cancel your Subscription before the changes take effect.

18. Contact

For legal or contractual enquiries relating to these Terms:

For general support, email [email protected].