Terms and Conditions

1. Agreement to these Terms

These Terms and Conditions (“Terms”) are between:

• the holder of ABN 95 638 678 269, operating the CallPilot application and service (“CallPilot”, “we”, “us” or “our”); and
• the person, business or organisation using the Service (“you” or “your”).

CallPilot is the name of our application and service. The Service is operated by the holder of ABN 95 638 678 269.

By creating an account, clicking accept, using the Service, starting a trial, paying for a plan, using a demo, connecting a phone number, deploying an agent or otherwise accessing CallPilot, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Service.

2. Who can use CallPilot

You must be at least 18 years old.

CallPilot is intended for business use. If you use CallPilot on behalf of a business or organisation, you confirm that you have authority to bind that business or organisation to these Terms.

You must provide accurate account, billing and business information and keep it up to date.

3. The Service

CallPilot provides AI voice, call-handling, messaging, lead-capture, booking, transcription, summarisation, workflow and automation services.

Depending on your plan and configuration, the Service may allow you to:

• create AI voice or chat agents;
• answer phone calls;
• make or assist with outbound calls where enabled;
• record and transcribe calls;
• generate call summaries;
• capture leads;
• take messages;
• assist with bookings or callbacks;
• send SMS, email or other messages;
• connect with websites, CRMs, calendars or other tools;
• test agents before going live; and
• review conversations, transcripts and outcomes.

We may add, change, limit or remove features over time.

Some features may be beta, experimental, preview, provider-dependent or subject to availability.

4. Your account

You are responsible for:

• your account;
• your login details;
• all activity under your account;
• users invited to your workspace;
• agent settings and scripts;
• integrations connected to your account;
• phone numbers, messages and caller interactions configured by you; and
• keeping your account secure.

You must tell us promptly if you suspect unauthorised access or misuse.

We are not responsible for loss caused by someone using your account with your permission or because you failed to secure your account.

5. Your responsibility for callers and customers

When you use CallPilot to communicate with your callers, leads, customers or contacts, you are responsible for those communications.

You agree that you are responsible for:

• telling callers they may be speaking with an AI assistant;
• telling callers that calls may be recorded and transcribed;
• obtaining any consent required by law;
• ensuring call recording is lawful for your business and location;
• ensuring your agent does not mislead callers;
• ensuring your agent does not make false, deceptive or unlawful claims;
• reviewing agent configuration before going live;
• monitoring agent performance after launch;
• handling customer complaints and requests;
• complying with privacy, consumer, spam, telemarketing, recording and industry laws; and
• having your own privacy policy and customer notices where required.

We may provide templates, prompts, notices or suggestions, but they are not legal advice and may not be suitable for your business.

6. AI limitations

CallPilot uses AI and automation. AI systems can misunderstand, make mistakes, produce incomplete information, speak at the wrong time, mishear audio, generate inaccurate summaries, fail to capture details, or respond unexpectedly.

You acknowledge that:

• AI outputs may be inaccurate or incomplete;
• transcripts may contain errors;
• summaries may omit details;
• voice systems may be affected by noise, accents, network conditions, provider issues or caller behaviour;
• automated booking or lead capture may fail;
• integrations may fail or delay;
• you must test and monitor your agent; and
• you remain responsible for decisions made using CallPilot output.

CallPilot does not provide legal, medical, financial, tax, migration, safety, emergency, professional or regulated advice.

You must not use CallPilot as the sole method for emergency, life-safety, crisis, medical urgency, police, fire, ambulance, domestic violence, mental health crisis or other urgent critical communications.

7. Call recording and transcription

CallPilot may record, transcribe and analyse calls and conversations by design.

You agree to configure and use the Service so that callers receive any legally required notice and consent opportunity.

You must not use CallPilot to secretly record people where doing so is unlawful.

You must not configure CallPilot to collect sensitive information unless you have the required lawful basis, consent, notices, safeguards and authority.

8. SMS, email, telemarketing and outbound contact

If you use CallPilot to send SMS, email, WhatsApp, messaging, phone calls, follow-ups, reminders, marketing or other outbound communications, you are responsible for complying with all applicable laws.

This includes making sure that:

• you have consent where required;
• your message identifies the sender where required;
• commercial electronic messages include a working unsubscribe where required;
• you honour opt-outs and unsubscribe requests;
• you comply with Do Not Call rules where applicable;
• you do not send spam;
• you do not make unlawful robocalls or telemarketing calls; and
• you maintain evidence of consent where needed.

We may suspend messaging, calling or account access if we suspect unlawful, risky or abusive outbound contact.

9. Acceptable use

You must not use CallPilot to:

• run scams, fraud, phishing, impersonation or deceptive schemes;
• mislead, threaten, harass, intimidate, exploit or harm anyone;
• send spam or unlawful marketing;
• make unlawful robocalls or nuisance calls;
• contact people who have opted out;
• collect sensitive information unlawfully;
• pretend to be a government agency, bank, telco, insurer, emergency service or other organisation without authority;
• impersonate another person or business;
• provide professional advice without required licences;
• facilitate illegal activity;
• infringe privacy, confidentiality, intellectual property or other rights;
• upload malware or harmful code;
• overload, scrape, reverse engineer, attack, probe or bypass the security of the Service;
• resell, white-label or sublicense the Service without our written agreement;
• use the Service to train competing systems;
• interfere with providers, networks or phone systems;
• breach provider terms or carrier rules;
• use CallPilot in a way that damages our reputation, providers, infrastructure, customers or the public; or
• do anything unlawful.

10. Monitoring, fraud detection and enforcement

You agree that we may monitor account activity, usage, call metadata, message metadata, logs, recordings, transcripts, prompts, outputs, integrations and other Service activity to detect and prevent fraud, scams, spam, abuse, unlawful activity, security issues and breaches of these Terms.

Monitoring is a right, not a duty. We do not promise to detect every misuse.

If we reasonably suspect misuse, we may:

• warn you;
• limit usage;
• suspend calling, messaging or integrations;
• suspend or close your account;
• preserve records;
• remove or disable content;
• block phone numbers, domains or integrations;
• notify providers;
• notify affected parties where appropriate;
• report matters to regulators, law enforcement or other authorities; and
• take other steps reasonably necessary to protect CallPilot, our providers, our customers, users or the public.

We may act without prior notice where we consider it necessary for safety, security, legal, fraud, provider or operational reasons.

11. Suspension and termination

We may suspend or terminate your access if:

• you breach these Terms;
• you fail to pay amounts due;
• payment fails or is reversed;
• you misuse the Service;
• we suspect fraud, spam, scams, unlawful conduct or security risk;
• your use creates risk for CallPilot, providers, networks, callers or the public;
• a provider requires us to suspend or terminate access;
• your use becomes technically, legally or commercially impractical; or
• we decide to discontinue the Service or part of it.

You may stop using the Service at any time. You remain responsible for fees, usage, charges and obligations incurred before termination.

12. Billing, plans and usage

CallPilot may offer free trials, subscriptions, prepaid credits, pay-as-you-go usage, top-ups or custom plans.

Fees, inclusions and usage rates may depend on your plan, usage, features, providers, call minutes, messages, phone numbers, AI usage, storage, integrations and other factors.

You authorise us and our payment providers to charge applicable fees, taxes, usage charges, subscription charges, top-ups and other amounts due.

You are responsible for maintaining valid payment details and sufficient account balance where required.

If payment fails, we may suspend or limit the Service.

13. GST and taxes

Prices are in Australian dollars unless stated otherwise.

Where GST applies, prices may be GST-inclusive or GST-exclusive as shown at checkout, in your plan or on your invoice.

You are responsible for any taxes, duties or charges arising from your use of the Service, except taxes on our own income.

14. Credits, prepaid balance and refunds

Usage already consumed is not refundable.

Prepaid credits, balances, top-ups and subscriptions are generally non-refundable except where required by law or where we decide otherwise.

If your account is suspended or terminated for fraud, scams, spam, unlawful activity, serious misuse, chargebacks or serious breach of these Terms, we may withhold, apply, cancel or refuse to refund remaining credits or balances to the extent permitted by law, including to cover unpaid usage, provider charges, investigation costs, chargeback risk or loss caused by misuse.

This does not limit any rights you have under the Australian Consumer Law that cannot be excluded.

15. Free trials and beta features

We may offer trials, demos, beta features, preview features or experimental features.

These may be changed, limited or withdrawn at any time. We do not guarantee that beta or preview features will become permanent or error-free.

We may restrict trial abuse, duplicate accounts, fake accounts or misuse.

16. Third-party services and providers

CallPilot relies on third-party providers, which may include hosting, telephony, phone numbers, carriers, AI models, transcription, voice, text-to-speech, SMS, email, payments, analytics, authentication, security, support, CRM, calendar and integration providers.

You acknowledge that:

• third-party providers may change, suspend or discontinue services;
• outages, latency, errors or provider decisions may affect CallPilot;
• provider rules and acceptable-use policies may apply;
• phone numbers, calling, SMS, AI and voice services may be unavailable or restricted;
• we are not responsible for third-party acts, omissions, outages or policy changes beyond our reasonable control; and
• we may change providers at any time.

17. Phone numbers and telecom services

If CallPilot provides or connects phone numbers, calling or messaging services, you acknowledge that telecom services are subject to carrier rules, provider requirements, regional restrictions, number availability, verification, compliance checks and regulatory obligations.

You do not own phone numbers unless a provider or law says otherwise. Number availability, porting, routing, caller ID, emergency support, SMS capability and regional routing may vary.

You must not use CallPilot as a replacement for emergency calling or essential public safety communications.

18. Integrations

If you connect CallPilot to third-party tools, you authorise us to access, send, receive and process data through those tools as needed to provide the Service.

You are responsible for:

• having the right to connect the tool;
• permissions granted to CallPilot;
• data shared with or from the tool;
• compliance with the tool’s terms;
• accuracy of integration settings; and
• consequences of automated actions triggered through integrations.

19. Customer data

You retain ownership of data you provide to CallPilot, including your business data, prompts, caller data, transcripts, recordings, summaries, leads and other content, subject to any rights held by callers or third parties.

You grant us a licence to host, store, copy, transmit, process, analyse, display, modify, create summaries from, and otherwise use that data as needed to provide, secure, support and improve the Service, comply with law, and enforce these Terms.

You represent that you have the rights, permissions, notices and consents needed for us to process your data.

20. CallPilot intellectual property

We own or license the Service, platform, software, technology, designs, branding, workflows, prompts, templates, documentation, website, interfaces, systems and related intellectual property.

You must not copy, reproduce, modify, distribute, reverse engineer, resell, white-label, scrape or create derivative works from CallPilot except as allowed by these Terms or with our written permission.

21. Feedback

If you give us feedback, ideas, suggestions or requests, you allow us to use them without restriction or compensation to you.

22. Confidentiality

You may receive non-public information about CallPilot, including technical details, pricing, roadmap information, security information or business information. You must keep that information confidential and not disclose it except as required by law or with our written consent.

23. Privacy

Our Privacy Policy explains how we handle personal information. It forms part of these Terms.

If you use CallPilot to handle personal information about your callers, leads, customers, staff or contacts, you are responsible for your own privacy obligations, notices and consents.

24. Security

You must use the Service securely and lawfully.

You must not attempt to access another account, bypass controls, test security without permission, upload malicious code, interfere with systems, or use the Service in a way that creates security risk.

We may suspend access if we suspect a security issue.

25. Service availability

We work to provide a reliable Service, but we do not guarantee that CallPilot will be uninterrupted, error-free, secure, fast, compatible with every device or available at all times.

The Service may be affected by maintenance, updates, outages, provider issues, network conditions, carrier issues, AI provider issues, browser limitations, user settings, device performance, internet quality or events outside our control.

26. Support

We may provide support through email, dashboard, chat, documentation or other channels.

Unless we agree in writing, we do not guarantee a specific support response time or resolution time.

Support contact: support@callpilot.au.

27. Changes to the Service

We may change, improve, limit, suspend or discontinue parts of the Service at any time.

Where a material change negatively affects paid customers, we will try to give reasonable notice where practical. Some changes may happen immediately for security, legal, provider, fraud, safety or operational reasons.

28. Changes to these Terms

We may update these Terms from time to time.

If changes are material, we will take reasonable steps to notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

If you do not agree to updated Terms, you must stop using the Service.

29. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law or other laws that cannot be excluded, restricted or modified.

Where we are allowed to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to re-supplying the Service or paying the cost of having the Service re-supplied.

30. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”.

We do not guarantee that:

• the Service will be error-free or uninterrupted;
• AI responses will be accurate or complete;
• transcripts or summaries will be perfect;
• calls or messages will always connect or deliver;
• integrations will always work;
• the Service will meet every business requirement;
• the Service will generate leads, sales, bookings or revenue;
• any particular provider, model, voice, phone number or feature will remain available; or
• the Service is suitable for regulated, emergency, safety-critical or high-risk use.

31. Limitation of liability

To the maximum extent permitted by law, we are not liable for:

• indirect, special, consequential, incidental or punitive loss;
• loss of profit, revenue, goodwill, opportunity, data, savings or business;
• loss caused by AI errors, transcript errors, call failures, message failures or integration failures;
• loss caused by your configuration, prompts, scripts, notices or business decisions;
• loss caused by third-party providers, carriers, AI providers or integrations;
• loss caused by unauthorised account access where you failed to secure your account;
• loss caused by unlawful or improper use of the Service; or
• loss outside our reasonable control.

To the maximum extent permitted by law, our total liability for all claims connected with the Service is capped at the amount you paid us for the Service in the three months before the event giving rise to the claim.

32. Indemnity

You agree to indemnify us for claims, losses, damages, liabilities, costs and expenses arising from:

• your breach of these Terms;
• your unlawful use of the Service;
• your callers, customers, leads or contacts;
• your failure to obtain consent or provide notices;
• your call recordings, transcripts, messages, prompts or agent configuration;
• your spam, telemarketing, marketing or outbound communications;
• your connected integrations;
• your breach of privacy, consumer, surveillance, telecom, intellectual property or industry laws;
• your misuse of AI outputs; or
• any claim that your data, configuration or use of the Service infringes rights or breaches law.

33. Force majeure

We are not liable for delay or failure caused by events outside our reasonable control, including network failures, provider outages, carrier outages, cloud outages, cyber incidents, strikes, natural disasters, war, terrorism, pandemics, government action, regulatory change, power failure or internet disruption.

34. Assignment

You must not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign or transfer our rights or obligations as part of a restructure, sale, merger, business transfer or change in ownership.

35. Severability

If any part of these Terms is invalid or unenforceable, the rest of the Terms continue to apply.

36. No waiver

If we do not enforce a right immediately, that does not mean we waive it.

37. Entire agreement

These Terms, the Privacy Policy, your plan details, any order form and any written agreement signed by us form the entire agreement between you and us about the Service.

38. Governing law

These Terms are governed by the laws of New South Wales, Australia.

You and CallPilot submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

39. Contact

Questions about these Terms can be sent to:

CallPilot
CallPilot is the name of our application and service. The Service is operated by the holder of ABN 95 638 678 269.
Email: support@callpilot.au
Alternative email: info@callpilot.au