Terms of Service

1. Agreement and eligibility

These Terms of Service form an agreement between you and Associate (Global) Pty Ltd(ABN 58 616 451 720), trading as Instant Inquiries (we, us or our). By creating an account, purchasing a subscription, or accessing or using Instant Inquiries, you agree to these Terms and our Privacy Policy.

You must be at least 18 years old and authorised to bind the business or organisation for which you use the service. If you do not agree to these Terms, you must not use the service.

2. Service description

Instant Inquiries provides AI-assisted call answering, browser voice, lead capture, appointment booking, call transcription, call summary, notification, and related automation services. Calls may be answered or initiated using third-party telecommunications and AI providers.

AI output may be inaccurate, incomplete, delayed, or inappropriate. You must review important information before relying on it. The service is not an emergency service, legal, medical, financial, or other professional advice service and must not be used as the sole channel for urgent or safety-critical communications.

3. Your account and responsibilities

• You must provide accurate account, billing, business, and contact information.
• You are responsible for activity performed through your account and for keeping credentials secure.
• You must promptly notify us of suspected unauthorised access or misuse.
• You are responsible for reviewing and maintaining the business information, instructions, availability, and policies supplied to the AI conversation service.
• You must ensure your use of call, messaging, calendar, webhook, and customer data complies with all laws that apply to you and the people you contact.

4. AI disclosure, call recording, transcription, and caller notice

Calls, browser voice sessions, and text conversations handled through the service are conducted by an automated AI system, not by a human. You must ensure that every person who interacts with your service is clearly told they are speaking with an AI assistant, at or before the start of the interaction, wherever that disclosure is required by a law applying to you or to the person contacted, including laws regulating synthetic or artificial voice, chatbot identification, and AI transparency. You remain the responsible party for that disclosure even where we supply a default greeting, notice, or script, and you must not remove, shorten, disable, or contradict a disclosure we provide.

Voice calls and browser voice conversations handled through the service may be recorded, transcribed, summarised, analysed by AI, and reviewed by authorised personnel for service delivery, quality assurance, safety, troubleshooting, support, and service improvement.

We may provide a standard audible or on-screen recording and AI notice. You remain responsible for determining whether that notice is sufficient for your use case and jurisdiction. You must provide any additional notice, obtain any consent, and maintain any records required by applicable privacy, surveillance, workplace monitoring, telecommunications, and call-recording laws. You are responsible for determining whether the law of your jurisdiction and of each caller’s jurisdiction requires one-party or all-party consent to recording, and for configuring your service accordingly. You must not disable, obscure, or contradict a notice we provide.

You must not intentionally use the service to collect sensitive information unless it is reasonably necessary for your lawful business purpose and you have all required authority and consent.

5. Outbound calls and messages

Where your plan includes outbound calling or messaging, you are the sole initiator and the caller of record for every outbound communication placed through the service. We supply the technical means only. You decide who is contacted, when, and with what content.

You accept full and sole responsibility for compliance with every law governing outbound contact, including the United States Telephone Consumer Protection Act and its rules on prerecorded and artificial-voice calls, state telemarketing and equivalent state statutes, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), and the equivalent laws of any place you call. That responsibility includes, at a minimum:

• obtaining and retaining records of prior express consent, or prior express written consent where required, from each person contacted;
• scrubbing your lists against the Do Not Call Register, the National Do Not Call Registry, and your own internal do-not-call list before each campaign;
• observing permitted calling hours in the recipient’s local time, and any per-recipient frequency limit;
• identifying your business at the start of each call, and honouring opt-out, revocation, and STOP requests immediately;
• ensuring every list, lead, or contact record you supply was lawfully obtained for the purpose you are using it.

We do not review your contact lists, verify consent, scrub numbers, or assess whether a campaign is lawful, and you must not rely on us to do so. Any acknowledgement you give in the product before enabling outbound calling is in addition to this section and does not limit it. We may suspend or disable outbound calling immediately where we reasonably suspect a breach.

6. Fair use and high-volume traffic

Standard plans are intended for ordinary day-to-day business enquiries and reasonable use consistent with the plan purchased. They are not designed for sudden or sustained traffic generated by mass-media advertising, public events, competitions, emergency or crisis lines, ticket releases, fundraising drives, political campaigns, television or radio promotions, viral campaigns, or similar high-volume activity.

You must obtain our written approval before publishing a service number or voice link in connection with an activity that may create unusual call volume or concurrency. We may require a capacity review, traffic forecast, prepaid usage, a dedicated event plan, additional safeguards, or alternative routing.

If traffic exceeds, or is reasonably likely to exceed, fair use, plan allowances, provider limits, or available capacity, we may throttle, queue, reject, redirect, suspend, or disable voice service without liability where reasonably necessary to protect callers, customers, our systems, or third-party services. Usage above an included allowance may incur additional charges where disclosed in your order or plan.

7. Acceptable use

You must not use the service to:

• break any law, infringe rights, deceive, impersonate, defraud, threaten, harass, or cause harm;
• make unsolicited marketing calls, use purchased contact lists without lawful authority, or breach the Spam Act, Do Not Call Register Act, telemarketing standards, TCPA, or equivalent laws;
• record or monitor a person without legally sufficient notice or consent;
• collect payment-card credentials, passwords, authentication codes, or unnecessary sensitive information through the AI conversation service;
• upload malicious code, probe security, bypass limits, interfere with service operation, or facilitate abusive traffic;
• use output as a substitute for qualified professional judgment in a high-risk decision; or
• resell or provide the service to another party unless your plan or a written agreement permits it.

8. Subscriptions, charges, cancellation, and refunds

Prices, included usage, billing periods, taxes, setup fees, and plan features are shown at checkout or in an applicable order. Stripe processes payments on our behalf. Unless stated otherwise, subscriptions are billed in advance and automatically renew for the selected billing period until cancelled.

• Cancellation: You may cancel through the dashboard. Cancellation normally takes effect at the end of the paid billing period.
• Usage: Telecommunications, AI, SMS, storage, and other metered use may be subject to plan allowances, overage charges, or separate event pricing.
• Refunds: Payments and unused allowances are non-refundable except where required by the Australian Consumer Law or another applicable law, or where we expressly agree otherwise.
• Taxes: Prices exclude GST unless expressly stated otherwise.

9. Customer content and data

You retain ownership of business content you submit. You grant us and our service providers a limited licence to host, copy, transmit, process, adapt, and display that content only as reasonably necessary to provide, secure, support, and improve the service and meet legal obligations.

You warrant that you have the rights and lawful authority required to provide content and personal information to us. Personal information is handled as described in our Privacy Policy.

10. Intellectual property

We and our licensors own all intellectual property rights in the service, including the platform, software, models, prompts, voice configurations, interfaces, documentation, and the Instant Inquiries name and branding. Nothing in these Terms transfers any of those rights to you.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the service for your own business purposes during your subscription. You must not copy, modify, reverse engineer, decompile, scrape, or create derivative works from the service, except to the extent that restriction is prohibited by law, and you must not remove or obscure any proprietary notice.

Section 9 governs ownership of the content you submit. Output generated for you by the AI conversation service, including call summaries and transcripts, is yours to use for your business purposes, and we make no claim of ownership over it.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

11. Restricted data: payment cards and children

Payment card data. The service is not designed, assessed, or certified to handle payment card data, is not a PCI DSS compliant environment, and we are not a service provider to you for PCI DSS purposes. You must not use the service, and must configure your AI assistant so that it does not invite a caller, to capture, transmit, store, or repeat a card number, expiry date, security code, PIN, or any other cardholder or authentication data. If cardholder data reaches the service despite this prohibition, whether spoken by a caller, entered on a keypad, or supplied by you, you are responsible for it. Subject to section 14, we give no warranty and accept no liability for PCI DSS compliance or for any assessment, fine, penalty, card scheme charge, forensic investigation cost, remediation cost, or loss arising from cardholder data being present in the service.

Children’s data. The service is intended for business use by adults and is not designed for use by, or to collect personal information from, children. You must not configure or direct the service to collect personal information from a person you know or reasonably suspect is a child, and you must not deploy it on a line, page, or campaign directed at children. We do not provide the age verification, verifiable parental consent, notice, or deletion mechanisms required by the Children’s Online Privacy Protection Act, the United Kingdom Age Appropriate Design Code, or any equivalent children’s privacy law, and we make no representation that the service meets them. Where a child’s personal information is collected through your use of the service, you are the responsible party for it and for any resulting obligation, claim, or penalty, subject to section 14.

12. Third-party services

The service depends on third parties, including telecommunications carriers, Twilio, Google AI services, DigitalOcean, Stripe, Google Calendar, and email and messaging providers. Their availability, processing, and terms may affect the service. We may replace providers where reasonably necessary.

We do not guarantee uninterrupted or error-free operation. Maintenance, carrier issues, internet failures, model changes, provider limits, force majeure events, or security incidents may interrupt features.

13. Suspension and termination

We may suspend, restrict, or terminate access where reasonably necessary because of non-payment, suspected fraud or security risk, unlawful or abusive use, material breach, traffic that threatens service stability, a provider requirement, or risk to a person or third party. Where practicable, we will provide notice and a reasonable opportunity to remedy the issue.

On termination, your right to use the service ends. Provisions concerning payment, data, intellectual property, disclaimers, liability, indemnity, and disputes survive where their nature requires it.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where liability for a failure to comply with a non-excludable guarantee can lawfully be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having the services supplied again.

15. Disclaimers and limitation of liability

Subject to section 14, the service is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude implied warranties and are not liable for indirect, incidental, special, exemplary, or consequential loss, loss of profit, revenue, opportunity, goodwill, anticipated savings, or data.

Subject to rights that cannot be limited, our aggregate liability arising out of or relating to the service or these Terms is limited to the amount you paid us for the service during the 12 months immediately before the event giving rise to the claim.

16. Indemnity

You indemnify us, our related bodies corporate, and our officers, employees, and contractors against any loss, liability, cost, expense including reasonable legal costs, claim, demand, fine, or penalty arising out of or in connection with:

• your breach of these Terms or of any law applying to your use of the service;
• any failure to give a disclosure, notice, or consent required under section 4;
• any outbound contact, marketing, or message you initiate or direct through the service;
• cardholder data or a child’s personal information reaching the service through your use of it, as described in section 11;
• the content, instructions, business information, or contact lists you supply; or
• a claim by a caller, customer, employee, or regulator relating to your use of the service.

This indemnity is reduced proportionately to the extent our negligence or breach of these Terms caused the loss, and is subject to section 14. We will notify you of any claim for which we seek indemnity, and you may participate in its defence at your own cost. You must not settle a claim in a way that imposes an obligation or admission on us without our written consent.

17. Changes to these Terms

We may update these Terms to reflect service, legal, security, or operational changes. We will publish the revised Terms and update the date above. If a change materially affects your rights, we will take reasonable steps to notify account holders. Continued use after the change takes effect constitutes acceptance where permitted by law.

18. Governing law

These Terms are governed by the laws of South Australia. The parties submit to the courts of South Australia and courts entitled to hear appeals from them, subject to any non-excludable right to bring a claim elsewhere.

19. Contact

Instant Inquiries is operated by Associate (Global) Pty Ltd (ABN 58 616 451 720), Box 3186, Norwood, South Australia 5067. Questions about these Terms may be sent to [email protected].