Effective: 4 August 2026

1. Application and Incorporation

These Outbound Terms apply from the moment an Operator enables, configures, uploads a Contact List to, or otherwise uses any outbound calling feature of the Platform, and continue to apply for as long as that feature remains available on the Operator's account. Outbound calling is an optional feature: an Operator that uses the Platform only to answer inbound calls is not affected by these Outbound Terms.

These Outbound Terms are incorporated into the Terms of Service by reference. By enabling or using outbound calling, you agree to be bound by them in addition to the Terms of Service and the Privacy Policy.

Conflicts. Where a provision of these Outbound Terms is inconsistent with a provision of the Terms of Service, these Outbound Terms prevail to the extent of the inconsistency, but only in relation to outbound calling. The Terms of Service continue to govern everything else, including Subscriptions, Credits, billing, intellectual property, confidentiality, disclaimers, limitation of liability, and governing law.

2. Definitions

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

• Outbound Call means any voice call placed by the Platform, at the Operator's direction or configuration, to a telephone number the Operator has supplied or approved. This includes calls placed automatically by an AI assistant, calls placed on a schedule, and calls placed as part of a campaign.
• Contact List means any set of telephone numbers and associated records that an Operator uploads, imports, synchronises from a connected system, or otherwise makes available to the Platform for the purpose of placing Outbound Calls.
• Principal means the person on whose behalf an Outbound Call is made and whose goods, services, or business the call promotes or relates to. For every Outbound Call placed through the Platform, the Operator is the Principal. Optiphone is not the Principal and does not make Outbound Calls on its own behalf.
• Consent Basis means the lawful basis on which a particular contact may be called: either the express consent of that contact, or consent that can reasonably be inferred from a genuine existing relationship between that contact and the Operator.
• Do Not Call Register means the Australian Do Not Call Register maintained under the Do Not Call Register Act 2006 (Cth), together with any equivalent or successor register.
• Telemarketing Call means an Outbound Call made to offer, advertise, or promote goods, services, land, business opportunities, or investment opportunities, or to solicit donations, as those categories are described in the Do Not Call Register Act 2006 (Cth). Calls that are purely service-related, such as confirming an existing booking or following up an active job, are not Telemarketing Calls.

3. Operator Warranties on Contact Lists

You warrant, for every Contact List you make available to the Platform and for every contact within it, that at all times:

• Lawful provenance. The list consists of your own customer or lead data, collected directly by your business in the ordinary course of dealing with those people. It is not a purchased list, a rented list, a list obtained from a data broker or lead vendor, a list scraped or harvested from websites, directories, social media, or search results, or a list transferred to you by another business without the contacts' knowledge.
• A valid Consent Basis for each contact. Every contact you call has one of the following, and you can identify which one applies:
  • Express consent that is current. Express consent lapses three months after it is given, unless the consent itself states that it continues for a longer period or indefinitely. Consent that has expired is not a Consent Basis.
  • Inferred consent arising from a genuine existing relationship between the contact and your business, such as a completed job, an active quote, an enquiry the contact made to you, or an ongoing service arrangement. The relationship must be with you, not with Optiphone and not with a third party who supplied the data.
• Records are kept and produced on request. You maintain records evidencing the Consent Basis for each contact, including where and when the contact was collected and what they were told at the time. You will produce those records to Optiphone within 5 business days of a written request, and to a regulator on demand.
• Withdrawals are honoured. Any contact who has asked you, or asked the Platform, not to be called again has been removed from every Contact List you use, permanently.

Publication of a number is not consent. You acknowledge and agree that the fact a telephone number has been published, listed in a directory, displayed on a website, or otherwise made publicly available does not of itself constitute consent to receive Outbound Calls. This is expressly provided by Do Not Call Register Act 2006 (Cth), Schedule 2, clause 4. A number sourced from a public listing has no Consent Basis unless one of the grounds above independently applies.

4. Do Not Call Register Compliance

A Telemarketing Call must not be made to a number listed on the Do Not Call Register unless an exception applies. Before any Telemarketing Call is placed, the number must have been washed against the Do Not Call Register within the 30 days immediately before the call. A wash older than 30 days is not sufficient.

Who is responsible. Washing is your responsibility as the Operator and Principal, unless Optiphone expressly provides Do Not Call Register washing as a Platform feature and you have enabled it for the relevant campaign. Where Optiphone does provide washing as a feature, we are responsible for operating it as described; you remain responsible for supplying accurate numbers, for keeping your submitted lists current, and for every other obligation in these Outbound Terms.

Consent-based exceptions. A call to a listed number is permitted where the contact has given express consent that is current, or where consent can reasonably be inferred from a genuine existing relationship with your business, as described in Section 3. If you rely on an exception, you must be able to evidence it. You must not rely on an exception to call a listed number where the Consent Basis is unclear, undocumented, or lapsed.

5. Permitted Calling Hours

Telemarketing Calls may only be placed within the hours permitted by the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017:

• Weekdays (Monday to Friday): 9:00am to 8:00pm
• Saturdays: 9:00am to 5:00pm
• Sundays: no calls at any time
• National public holidays: no calls at any time

These hours are measured at the local time of the call recipient, not at your local time or the time zone of your account. Where a Contact List spans multiple Australian time zones, you are responsible for scheduling campaigns so that no call lands outside permitted hours in the recipient's own time zone.

You must not configure, schedule, or instruct the Platform to place Telemarketing Calls outside these hours, and you must not attempt to work around any scheduling control the Platform applies to enforce them.

6. Mandatory Call Conduct

Every Outbound Call placed by the Platform observes the following conduct rules. These are built into the AI assistant and are not optional. You must not configure, instruct, prompt, or otherwise attempt to make the assistant depart from any of them:

• Identification and purpose up front. At the start of the call, the assistant identifies the Operator as the Principal on whose behalf the call is being made, and states the purpose of the call.
• AI disclosure. The assistant discloses that it is an AI assistant, not a human. It will confirm this plainly if asked at any point in the call.
• Recording disclosure. Where call recording is active, the assistant discloses that the call is being recorded before the substance of the call begins.
• Calling line identification. Every Outbound Call presents a functional calling line identification: a number that is not withheld and that a recipient can call back and reach the Operator on.
• Immediate termination on request. If the recipient asks to end the call, the assistant ends it immediately and politely, without a further pitch, rebuttal, or retention attempt.
• Do-not-call requests honoured. If the recipient asks not to be called again, the request is recorded and applied immediately and permanently to that contact for the Operator's account. You must not re-add, re-import, or re-enable a contact who has made such a request.

7. No Payment Collection on Calls

The AI assistant will not accept, request, or process payment, or capture payment-card or bank account details, on any Outbound Call, under any circumstances. This applies regardless of how the assistant is configured, what the Operator instructs, and what the recipient offers.

Where a recipient wants to purchase, the assistant directs them to the Operator's secure online checkout or customer portal, so that the transaction is completed by the customer, online, at a time of their choosing.

Why this rule exists. When a sale is concluded on a call the customer did not ask for, the Australian Consumer Law treats it as an unsolicited consumer agreement. That regime gives the customer a 10-business-day cooling-off period and prohibits the supplier from accepting any payment during it. The Platform is deliberately designed so that paid transactions happen through a customer-initiated online checkout instead, which keeps outbound calling outside that regime entirely.

8. No Unsolicited Selling on Calls

On an unsolicited call, the AI assistant will not negotiate a price, agree a price, or conclude an agreement for the supply of goods or services where the total price exceeds $100. It may inform the recipient that paid options exist, describe them in general terms, and direct the recipient to the Operator's portal or checkout to proceed.

If your business requires agreements to be concluded during a call, you must first obtain a documented invitation or solicitation from the contact: a clear, recorded request from that person that you call them to discuss and arrange the supply. Where you rely on such an invitation, you remain responsible for complying with Part 3-2 Division 2 of the Australian Consumer Law and any other applicable requirement, including:

• Giving the required disclosures before the agreement is made
• Providing the agreement in writing in the required form
• Giving the customer the cooling-off period the law requires
• Not accepting payment or supplying during the period the law defers it

Optiphone does not provide legal advice on whether a particular invitation is sufficient, and enabling in-call selling does not shift responsibility for compliance from you to Optiphone.

9. Prohibited Uses

You must not use, configure, or instruct the outbound calling features to:

• Call numbers from a purchased, rented, scraped, harvested, or data-broker list, or from any list whose provenance you cannot evidence
• Place Telemarketing Calls outside the permitted calling hours in Section 5, or schedule campaigns in a way designed to land calls outside them
• Make offers described as "free", "no cost", or "complimentary" where conditions, charges, or ongoing commitments apply and are not disclosed on the call
• Instruct, prompt, or configure the assistant to deny being an AI, to claim to be a human, to adopt the identity of a named real person, or to impersonate another business or a government or regulatory body
• Apply harassment, pressure, urgency, or repetition tactics, including repeat calling a contact who has declined, or continuing a call after a request to end it
• Run any campaign that you know, or reasonably ought to know, targets numbers without a Consent Basis
• Misrepresent the identity of the Principal, the purpose of the call, or your affiliation with any third party
• Circumvent, disable, or degrade any Platform control that exists to enforce these Outbound Terms

10. Follow-up Messages

An SMS or email sent as a result of an Outbound Call, including messages that deliver a booking confirmation, a quote, a ticket, a document, or a link, is a commercial electronic message under the Spam Act 2003 (Cth) where it has a commercial purpose. Accordingly:

• Consent is captured and recorded. Where the recipient consents on the call to receiving a follow-up message, that consent is recorded against the contact, along with the call it was given on.
• Sender identification. Every message clearly identifies the Operator as the sender and includes accurate contact details for the Operator.
• Functional unsubscribe. Every message includes a clear unsubscribe facility that works, is free to use, and is honoured promptly. An unsubscribe applies to the contact across your account.

You must not use call-derived contact details to send messages that fall outside the scope of the consent given on the call.

11. Responsibility and Indemnity

Your responsibility

You are the Principal. You decide who is called, why they are called, and what the assistant is asked to do on the call. You are responsible for the lawfulness and provenance of every Contact List, for the Consent Basis of every contact, for the records evidencing it, and for the instructions and configuration that define each campaign.

Optiphone's responsibility

Optiphone is responsible for providing and maintaining the Platform controls described in these Outbound Terms: the mandatory call conduct in Section 6, the payment restriction in Section 7, the in-call selling restriction in Section 8, and the calling-hours and do-not-call controls the Platform applies. Optiphone does not select your contacts, does not verify the truth of your warranties, and does not provide legal advice on your campaigns.

Indemnity

You indemnify, defend, and hold harmless Optiphone and its officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, penalties, infringement notices, regulatory action, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• The provenance or lawfulness of any Contact List you supply
• The absence, expiry, or inadequacy of a Consent Basis for any contact you call
• The instructions, prompts, scripts, or configuration you apply to a campaign
• Any other breach by you of these Outbound Terms or of applicable law

This indemnity does not extend to loss or liability to the extent it is caused by Optiphone's failure to operate the Platform controls expressly stated in these Outbound Terms. Section 12 (Limitation of Liability) of the Terms of Service continues to apply to these Outbound Terms.

12. Suspension and Termination

Optiphone may suspend or disable your outbound calling features immediately, without prior notice, where we reasonably suspect that:

• You are in breach of any provision of these Outbound Terms
• A Contact List in use lacks lawful provenance or a valid Consent Basis
• A regulator, carrier, or telecommunications provider has made an inquiry, issued a notice, or commenced an investigation touching your calling activity
• Complaint volumes, do-not-call requests, or call-termination rates on your account indicate a pattern of unwanted calling
• Continued calling presents a risk of harm to recipients, to Optiphone, or to Optiphone's carrier relationships

Suspension of outbound calling does not of itself suspend inbound call handling or the rest of your Subscription, and does not relieve you of Subscription fees for the period of suspension.

Reinstatement. We will tell you what triggered the suspension. Outbound calling is reinstated once you have, to our reasonable satisfaction: produced the records evidencing the Consent Basis for the affected lists; removed any contact or list that cannot be evidenced; corrected the campaign configuration or instructions that caused the issue; and confirmed in writing how a repeat will be prevented. Where a breach is serious, repeated, or not remedied within a reasonable period, Optiphone may permanently withdraw access to outbound calling features or terminate the Subscription in accordance with Section 14 of the Terms of Service.

13. Regulatory Framework

For transparency, the rules above are drawn from the following Australian law. This list is provided as plain-English context, is not exhaustive, and is not legal advice:

• Do Not Call Register Act 2006 (Cth) — restricts telemarketing calls to registered numbers, sets the consent rules, and confirms that publishing a number is not consent.
• Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 — sets permitted calling hours, caller identification, and call termination requirements.
• Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2) — including section 18 (misleading or deceptive conduct) and Part 3-2 Division 2 (unsolicited consumer agreements: disclosure, written agreement, cooling-off, and deferred payment).
• Spam Act 2003 (Cth) — governs commercial SMS and email, including consent, sender identification, and unsubscribe.
• Privacy Act 1988 (Cth) — governs the collection, use, disclosure, and security of personal information, including contact data used for calling.
• State and territory surveillance and listening device laws — govern the recording of conversations and the notice that must be given before recording.

14. Changes and Contact

Changes to these Outbound Terms

We may update these Outbound 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 effective date at the top of this page will reflect the most recent version. Continued use of outbound calling after the effective date constitutes your acceptance of the updated Outbound Terms. Where a change is required to comply with law, a regulator direction, or a carrier requirement, it may take effect immediately and we will notify you as soon as practicable.

If you do not agree to updated Outbound Terms, you should stop using outbound calling before the changes take effect.

Contact

For legal or contractual enquiries relating to these Outbound Terms, including consent record requests and complaint handling:

These Outbound Terms are governed by the laws of Queensland, Australia, in accordance with Section 16 of the Terms of Service.